Probable cause found against Heimlich

A unanimous panel of the Ohio Elections Commission found probable cause today that Hamilton County Commissioner Phil Heimlich made a false statement about Democrat David Pepper in a campaign ad.

After the 4-0 vote, the state commission asked lawyers for both campaigns to appear at a full hearing Monday to hear evidence.

Cincinnati attorney Daniel McCarthy, said Heimlich, a Republican incumbent, mischaracterized a 2005 Elections Commission finding against Pepper in a television ad.

The ad says, "The same kind of distortion of Mark Mallory led to David Pepper being rejected by voters and convicted by the Elections Commission."

McCarthy argued that a probable cause finding against Pepper during that primary campaign for mayor did not constitute a "conviction." Also, "the idea that this was a distortion of Mark Mallory is completely erroneous. . ." While the commission found Pepper's campaign made a false statement at the time, commissioners did not issue a public reprimand or recommend prosecution or fines.

Heimlich's Columbus attorney, Donald Brey, said the ad is clear that the conviction was by the state Elections Commission, so is not a false statement. "There was a finding by the commission that Mr. Pepper broke the law," Brey said.

The Elections Commission is expected to hear a separate complaint, filed Monday by Heimlich campaign manager Robert Seddon of Cincinnati against Pepper and his campaign, later this afternoon.

The complaint alleges false statements in separate TV ads about the early release of 8,000 prisoners and misspending of $224 million in state Job & Family Services money on Heimlich's watch.